Last Will and Testament
Jacob Brust of Brunswick


This will was submitted by Michelle Mavigliano.

The last will and Testament of Jacob Brust deceased, with the probate thereof. Recorded April 9, 1832.

In the name of God Amen, I JACOB BRUST of Brunswick, County of Rensselaer and the State of New York, farmer, being mindful of my mortality but of sound and perfect mind and memory blessed be the Almighty God for the same, do make and publish this my last Will and Testament in manner and form following, that is to say:

First, I give unto my beloved wife EVE her supports of my farm on which I now live and that she shall have a quiet and peaceable possession in my house where I now reside.

Second, I give and bequeath unto my son ADAM all my Real Estate, that is my farm and all its appurtenances situated thereon in said Town of Brunswick to him, his heirs and assigns forever, and out of my personal property I also give unto my son Adam one double wagon, one sleigh, one plough, one rug and one set of double horse harnesses, and I also order that my son Adam pay Two hundred Dollars one year after my decease to be equally divided amongst my five daughters.

Third, I give and bequeath unto my son JACOB the Two hundred Dollars that I have heretofore let him have and likewise the note that I now hold against my son Jacob, said note to be cancelled and destroyed.

Fourth, I give and bequeath unto my daughters HANNAH and FANNY one milk cow each and four sheep each after their marriage day; and if they do not marry and remain single they shall have a quiet and peaceable possession in my house with my son Adam, his heirs, and assigns as long as they wish.

Fifth, I also order and give unto my grandchild EVE HAYNER, daughter of my daughter MARGARET, one cow and four sheep, and if she should get married while remaining here, I order that she have one good wedding suit.

Sixth, I also order that my bedding and beds be equally divided amongst my five daughters.

[Seventh] I do order that my body clothes and wearing apparel be divided amongst my two sons, Adam and Jacob.

Eight, and as to the residue and remainder of my personal property after my debts and funeral expenses are paid, said property to be equally divided amongst all my children.

Ninth, I do also appoint this my trusty friend CONRAD HAM and my son ADAM to be my true and lawful Executors of this my last Will and Testaments, and revoking all former Wills heretofore by me made.

Dated at Brunswick this seventeenth day of January, one thousand eight hundred and thirty two.

Signed, sealed, published and declared by the said Testator as for his last Will and Testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereunto.

John W. File
Charles Lockrow
Isaac Sheffer

State of New York
County of Rensselaer

Be it remembered that on the ninth day of April in the year of our Lord one thousand Eight hundred and thirty two personally appeared before me Philip Viele, Surrogate of the said County of Rensselaer, John W. File, Charles Lockrow, and Isaac Sheffer all of the subscribing witnesses of the Will of Jacob Brust late of the Town of Brunswick in said county, deceased, who being duly sworn declared that they did see the said Jacob Brust execute the annexed written Instrument purporting to be the last Will and Testament of the said Jacob Brust bearing the date the seventeenth day of January in the year of our Lord one thousand eight hundred and thirty two, and heard him publish and declare the same as and for his last Will and Testament that at the ... thereof he, the said Jacob Brust was of sound disposing mind and memory to the best of the knowledge and belief of the said John W. File, Charles Lockrow and Isaac Sheffer, and that they the said John W., Charles and Isaac witnesses to the said Will, personally subscribed their hands and names to the said Will as witnesses thereto in the presence of the Testator and of each other.

In Testament whereof the said Surrogate hath hereunto set his hand and affixed the seal of his office in the City of Troy the day and year first above written.

Philip Viele

The last Will and Testament of Jacob Brust deceased, with the proofs thereof as a Will of Real Estate Recorded April 9, 1832

Be it Remembered that at a Surrogate Court held for the Couny of Rensselaer at the Surrogate's office in the City of Troy on the ninth day of April in the Year of our Lord one thousand eight hundred and thirty two, in the matter of the Real Estate of Jacob Brust, deceased, present Philip Viele Surrogate, comes ADAM BRUST the Devisee in the last Will and Testament of Jacob Brust, late of the Town of Brunswick in the County of Rensselaer, deceased, and informed the said Court that notice had been given pursuant to the Statute in such case made and provided of his intentions of proving the last Will and Testament of Jacob Brust deceased, and the said Adam Brust brought into this Court a notice of his intentions, to prove the said Will signed by the said Adam Brust the Devisee in said Will with the affidavit of the said Adam proving the due service of said notice upon all the heirs of the said Jacob Brust, deceased, which said notice and affidavits are as follows to wit. To the heirs of Jacob Brust deceased, Now will please to take notice that I shall apply to the Surrogate of the County of Rensselaer at his office in the City of Troy on Monday the ninth day of April next at ten o'clock in the forenoon of that day to take the proof of and record the last Will and Testament of Jacob Brust late of the Town of Brunswick in the County of Rensselaer aforesaid, deceased, in the pursuance of the Revised Statutes of this State concerning Wills of Real property and the proof of them: which said Will is dated the 17th day of January in the Year of our Lord one thousand eight hundred and thirty two. Dated this twentieth day of March 1832, Yours" ... Adam Brust the Devisee in said Will, County of Rensselaer ... : Adam Brust being duly sworn deposeth and saith that he delivered copies of the above notice (by him, subscribed) to MARGARET HAYNER, JACOB BRUST, MARY HAM, EVE SHEFFER, HANNAH LOCKROW and FANNY BRUST on or before the 22nd day of March last. And Deponent further saith that the persons above named reside in the County aforesaid, and that they together with this Deponent are all heirs of Jacob Brust, late of the Town of Brunswick in the County aforesaid, deceased. And further, Deponent saith not. Adam Brust, Sworn this 9th April 1832 before one Philip Viele Surrogate ... Whereas the said Court being satisfied with the proof made in the premises that due notice has been given according to law of the intentions to have the said Will of the said deceased proved according to an act entitled an act concerning Wills of Real Property and the proof of them: "It was ordered on reading and filing the above affidavit by the said Courts that Adam Brust, one of the Executors named in the last Will and Testament of the said deceased have leave to proceed to prove this Will of the said deceased and thereupon the said Will being produced and shown to the said Court:

County of Rensselaer Surrogate Court. In the matter of proving the Will of the Real Estate of Jacob Brust, deceased, John W. File of Brunswick in the County of Rensselaer being first duly sworn, deposeth and saith that he saw Jacob Brust, now deceased, execute the Instrument presented to Deponent by making his mark thereto and which purports to be the last Will and Testament of the said Jacob Brust deceased, bearing the date the 17th day of January in the Year of our Lord one thousand, eight hundred and thirty two, that he heard the said Jacob Brust declare the same to be his last Will and Testament, and that he, this deponent did subscribe his name as a witness thereto at the request of the said Jacob Brust; and further that at the time thereof the said Jacob Brust was of sound mind and memory, of full age and not under any restraints, and further, this deponent saith not. Sworn this 9th day of April 1932 before me Philip Viele, Surrogate, John W. File, County of Rensselaer Surrogates Court.

In the matter of proving the Will of the Real Estate of Jacob Brust deceased. Charles Lockrow of Brunswick in the County of Rensselaer being first duly sworn, deposeth and saith that he saw Jacob Brust, now deceased, execute the Instrument presented to this deponent (by making his mark thereto) and which purports to be the last Will and Testament of the said Jacob Brust deceased, bearing the date the 17th day of January 1832 that he heard the said Jacob declare the same to be his last Will and Testament.

Philip Viele, Surrogate

[Alternative search values: EVE BRUST, HANNAH BRUST, HANNAH LOCKROW, FANNY BRUST, FRANCES BRUST, MARGARET BRUST, EVE SHAFFER, MARY BRUST.]



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